Bill > HB4909

This bill establishes new protections for consumers against fraudulent telephone solicitations, including "robocalls" which are calls made using automated dialing systems or prerecorded messages, and "spoofing," which is the practice of disguising or falsifying caller identification information. It defines key terms like "called party" as anyone receiving a call, "caller identification service" as technology that displays the caller's number and name, and "prior express written consent" as a signed agreement specifically authorizing certain types of automated calls, which cannot be a condition of a sale. The bill outlines prohibited conduct, such as using automated systems or prerecorded messages without consent, failing to transmit accurate caller ID, spoofing numbers, intentionally altering voice characteristics to hide identity, making calls between 8 p.m. and 8 a.m., or making more than three solicitations on the same topic within 24 hours. While it exempts certain communications like isolated transactions, charitable solicitations by qualifying non-profits, business-to-business calls from established companies, and communications in response to customer requests or existing business relationships, it mandates that telecommunications providers implement advanced anti-spoofing technology like STIR/SHAKEN within twelve months at no cost to the customer, with penalties for non-compliance including civil fines of up to $100 per spoofed call, full reimbursement of damages, and an additional restitution fee split between the customer and local fire and emergency medical services. Companies initiating spoofed calls from West Virginia face business license revocation and fines, while individuals knowingly and willfully engaging in spoofing with intent to defraud can face significant civil fines and escalating criminal penalties, including jail time and imprisonment for repeat offenses.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4909&year=2026&sessiontype=RS&btype=bill